Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Wednesday, January 10, 2007

U.S. v. Crapser (9th Cir. - Jan. 10, 2007)

Here's a quiz.

One of the judges on the Ninth Circuit begins his or her dissent in this case with the following line: "The majority opinion weakens our Fourth Amendment protections -- whatever is left of them."

You gotta love those last four, totally unnecessary, words. Classic. And totally indicative of their author.

Even without a hint, you might well be able to guess which of the fifty active and senior judges on the Ninth Circuit penned those words. In theory, you've only got a two percent chance of getting it right. But I bet that many, many observers could nonetheless identify the author on the first guess.

Want a hint? I'll tell you on the panel: Goodwin, Reinhardt, and Graber.